Several years after marrying I received an injury settlement which I used to purchase property/build our family's home. In the twenty years since, my husband & I have divorced & remarried (the house was in my name when we remarried) & he has moved out & in many times. Although I have always been the one with the reliable income/made house payments/provided health benefits - recently health issues have made me unable to work (on disability). Now, he has announced he wants to divorce & sell the house - he says he is entitled to half. Is this true? Since being unable to work, my Dad has been helping with house payments. Can I give the house to him? If I did, how would this affect my husband's rights? Also, once I file, will this prevent him from being able to move in and out at will? Thanks.
Divorce / Separation Lawyer
First of all, a panicked just before a divorce transfer could embroil your father in a divorce and suit. People don't "get half" in Georgia. We have equitable division, not community property. Whether he has a claim to some of the house depends on details you didn't provide, and it woul;d be in your interest to see a lawyer right away to protect your interests.
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2 lawyers agree
Divorce / Separation Lawyer
Assuming that you did not put the house into husband's name then he is not entitled to half, but he might be entitled to some of the equity from the house. It is a bad idea to transfer ownership to a family member. You need an experienced divorce lawyer to help you sort this lengthy history out.
1 lawyer agrees
Tax Fraud / Tax Evasion Attorney
Mr. Ashman is right - your husband is not entitled to half. But he is probably entitled to something in an equitable distribution of the marital estate. Determining what is part of the marital estate is complicated and will require the advice and services of an experienced divorce attorney. This is especially true in your case since the married and remarried status complicates the marital estate, and your inability to work adds a layer of complexity. Seek help sooner rather than later.